Emil Norsic & Son, Inc. v. L.P. Transportation, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover for property damage, the defendants appeal from an order of the Supreme Court, Suffolk County (Oliver, J.), dated August 5, 2005, which granted the plaintiff’s motion for summary judgment on the issue of liability.
Ordered that the order is affirmed, with costs.
A rear-end collision with a stopped or stopping vehicle creates a prima facie case of liability with respect to the operator of the moving vehicle, and imposes a duty on the operator of the moving vehicle to come forward with an adequate, nonnegligent explanation for the accident (see Neidereger v…
2Cases cited12 opinions
- Leal v. WolffAppellate Division of the Supreme Court of the State of New York · 1996
- Reed v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2002
- Rainford v. HanAppellate Division of the Supreme Court of the State of New York · 2005
- Niyazov v. BradfordAppellate Division of the Supreme Court of the State of New York · 2004
- Neidereger v. MisuracaAppellate Division of the Supreme Court of the State of New York · 2006
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3Cited by11 opinions
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- Lampkin v. ChanAppellate Division of the Supreme Court of the State of New York · 2009
- Ramirez v. KonstanzerAppellate Division of the Supreme Court of the State of New York · 2009
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